Dismissed¶28

Indiabulls Housing Finance Ltd. v. Malathi Krishnan

Karnataka HC4 Feb 2025CRL.A/1139/2018

Case brief

AI extract

What is this about?

Karnataka HC (Bengaluru), Justice Shivashankar AmaranNavar, 04.02.2025: criminal appeal under S.378(4) CrPC against acquittal under S.138 NI Act (CC 13537/2017, XLII Addl.CMM) dismissed for non-prosecution where appellant's counsel filed a retirement memo and the appellant failed to appear despite service of Court notice; no decision on the merits of the acquittal.

What did the court decide?

It appears the appellant is not interested in prosecuting the appeal: counsel filed a retirement memo and, though Court notice was served, the appellant did not appear either personally or through counsel. ¶23

Indiabulls Housing Finance Ltd. Vs Malathi Krishnan — Cheque Dishonour | Karnataka HC (2025)

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NC: 2025:KHC:4938 CRL.A No. 1139 of 2018

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4^TH DAY OF FEBRUARY, 2025

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BEFORE

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THE HON'BLE MR JUSTICE SHIVASHANKAR AMARANNAVAR

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CRIMINAL APPEAL No. 1139 OF 2018

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BETWEEN:

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INDIABULLS HOUSING FINANCE LTD. A COMPANY INCORPORATED UNDER THE COMPANIES ACT HAVING ITS BRANCH OFFICE AT No.116, 1^ST FLOOR, KRISHNA ARCADE BETWEEN 11^TH AND 12^TH CROSS MARGOSA MAIN ROAD, MALLESHWRAM BANGALORE - 560 003.

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Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA

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REPRESENTED BY ITS POA HOLDER/AUTHORIZED OFFICER MR.M.B.CHENGAPPA.

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(BY SRI SIDDHARTH B MUCHANDI, ADVOCATE)

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…APPELLANT

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AND:

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MALATHI KRISHNAN AGED ABOUT 56 YEARS W/O DR.ANANTHA NARAYANAN KRISHNAN R/A No.624/2, ARMY DOCTORS HOUSE 2^ND CROSS, RAJIV GANDHI ROAD L.B.SHASTRI NAGAR VIMANAPURA POSTAL AREA BENGALURU - 560 017.

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…RESPONDENT

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NC: 2025:KHC:4938 CRL.A No. 1139 of 2018

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THIS CRL.A. IS FILED UNDER SECTION 378(4) Cr.P.C PLEASED TO SET ASIDE THE JUDGMENT DATED 20.04.2018 PASSED BY THE XLII ADDL.C.M.M., BENGALURU IN C.C.No.13537/2017 - ACQUITTING THE RESPONDENT/ACCUSED FOR THE OFFENCE PUNISHABLE UNDER SECTION 138 OF N.I. ACT AND ETC.,

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THIS APPEAL COMING ON FOR ORDERS THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

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CORAM: HON'BLE MR JUSTICE SHIVASHANKAR AMARANNAVAR

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ORAL JUDGMENT

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Sri Siddharth B Muchandi, learned counsel for the appellant has filed retirement memo.

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In view of that, the Court has issued Court notice to the appellant. The said Court notice though served on the appellant, he has not appeared either personally or through his counsel.

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